For Your Data County Of Wayne V. Hathcock Illustration Brief

County of Wayne v. Hathcock case brief summary
684 N.W.2d 765 (2004)

CASE SYNOPSIS

Defendant holding owners appealed a determination from the Court of Appeals (Michigan), which affirmed the trial court's judgment upholding plaintiff county's determination of necessity inwards an eminent domain case.

CASE FACTS
The county sought to condemn the holding owners' province for the structure of a large concern in addition to applied scientific discipline park.

DISCUSSION

The courtroom works life that the county was authorized to condemn holding under Mich. Comp. Laws § 213.23 and that the creation of jobs was a world utilization inside its authority.
The county's charter provision regarding its authority, Wayne County, Mich., Charter § 1.112, brutal inside the ambit of its habitation dominion powers under Mich. Constitutional art. 7, §§ 1, 2, 34 and Mich. Comp. Laws § 45.515(c).
The lack of an identified purchaser did non defeat a finding of necessity.
The proposed condemnation did non operate past times constitutional muster because the taking was non for world utilization inside the pregnant of Mich. Constitutional article 10, § 2.
The commons was non an enterprise subject on the utilization of province that could last assembled exclusively past times authorities action.
The commons would non last land of written report to world oversight subsequently beingness sold to mortal entities.
There were no facts of independent world significance, such every moment wellness in addition to security issues, that powerfulness justify the condemnation.
In then holding, the courtroom overruled Poletown Neighborhood Council v. Detroit, 410 Mich. 616 (1981).

CONCLUSION
The courtroom reversed in addition to remanded for entry of an companionship of summary disposition in

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